WYNNE v. COMMONWEALTH

Record No. 740771.

218 S.E.2d 445 (1975)

216 Va. 355

Herbert J. WYNNE v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

October 10, 1975.


Attorney(s) appearing for the Case

Ronald P. Hammers, Virginia Beach, for plaintiff in error.

Alan Katz, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for defendant in error.

Thomas B. Shuttleworth, II, Virginia Beach (Clark, Steinhilber, Hofheimer & Stant, Virginia Beach, on brief), for National Organization for Women, amicus curiae.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.


HARMAN, Justice.

Herbert J. Wynne (Wynne or defendant) was convicted by a jury of the forcible rape of the 18 year-old prosecutrix and his punishment was fixed at five years imprisonment. We awarded a writ of error to the trial court's order sentencing Wynne in accordance with the jury's verdict.

The sufficiency of the evidence to convict the defendant is not in question. The defendant testified that he engaged...

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